Matrimonial Planning If portability is made permanent, (i.e., the sunset in 2013 is avoided) then planning for the use of estate tax exclusions will become a significant factor in marital planning. The numbers could be simply too large to ignore. Perhaps the new meaning given to the phrase “marriage of convenience” will be to refer…
Planning Note: It will become de rigueur in negotiating prenuptial agreements for second and later spouses to obtain confirmation of the remaining portable estate tax exclusion.This representation should specifically address whether any prior taxable gifts were made, whether gift tax returns were filed (and if so copies should be attached as an exhibit), and whether…
Introduction/Overview: Divorce has a major impact on your estate plan. We’ve covered this topic in 2009 and 2010, and now we’ll cover some different aspects of it. Consider the following items: When Must You Act: Many people going through a divorce don’t address their estate planning until the divorce is over. After all, then they…
Introduction/Overview: You’re in the midst of a divorce and have big problems on your mind — don’t forget about your estate planning documents. Make copies and review all estate planning and related documents, and identify the rights your ex and your ex’s family and friends have. Discuss this early in the process with your divorce…
If during the marriage I found out my husband invested in a home with another woman, can I be entitled to his share of investment.
My husband’s divorce agreement with his ex wife shows his son gets all of his assets and real property and that his ex wife is named as executor and as trustee for his estate if he dies before his son is 28 years old. He said that this wasn’t final agreement, but it’s signed by…
In STATE-X, how do I take over house payments if partner dies, we’re not married and my name is not on the deed?
How should we advice our kids to prepare prenuptial agreements to protect the family business? Planning an effective prenuptial agreement is really a process that requires the coordination of all of your planning professionals. The following is a checklist of issues to consider in endeavoring to coordinate your advisers: Financial: What should be disclosed? How…
My ex husband wants to bequeath his parental rights to his sister in the event of his death. Is this legal? Will I be bound by the same obligation under the divorce decree to provide her with visitation?
My parents gifted me land for the sum of one Dollar. My name is listed as grantee on the deed, but it says “a married person”. My name appears alone on the property tax bill. My estranged is trying to claim the land as his can he?